HomeMy WebLinkAbout~Master - Vacation of Public Utility Easement Across Portions of 220 South Duff Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Diane Voss,City Clerk's Office,515 Clark Avenue,Ames,IA 50010
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
RESOLUTION NO. 21-118
RESOLUTION APPROVING VACATION OF PUBLIC UTILITY EASEMENT
ACROSS PORTIONS OF 220 SOUTH DUFF AVENUE
FOR THE CITY OF AMES, IOWA
WHEREAS,there is an existing Public Utility easement across portion of the property at 220
South Duff Avenue; and,
WHEREAS,the property owner made a request to vacate the existing utility easement now that
it is clear from Ames Electric facilities; and,
WHEREAS,pursuant to Iowa Code Section 364.7,notice was given on February 23,2021,and
a public hearing is being held regarding the proposal of the City to vacate the easement; and,
WHEREAS, vacation of the easement is in the best interest of the City.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AMES, IOWA THAT:
1. Pursuant to Iowa Code Section 364.7, publication of notice regarding the proposed
vacation of the public utility easement and establishing a public hearing date regarding the proposal has
been made.
2. The public hearing regarding the disposition of the property is hereby closed.
3. The existing Public Utility Easement across the following described land is hereby
vacated:
EASEMENT AND RIGHT OF WAY VACATION DESCRIPTIONS:
AN EASEMENT AND RIGHT OF WAY IN QUIT CLAIM DEED RECORDED IN BOOK 146,PAGE 3 78 OF THE STORY
COUNTY,IOWA RECORDS TO BE VACATED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTH AND SOUTH ALLEY BETWEEN THE SOUTH 46 FEET OF LOTS 5 AND 6,BLOCK
4, KINGSBURY'S ADDITION TO THE CITY OF AMES, IOWA, SUBJECT TO THE RESTRICTION THAT NO
PERMANENT STRUCTURES SHALL EVER BE ERECTED UNDER THE ELECTRICAL HIGH LINES MAINTAINED ON
SAID PREMISES.
AND
AN EASEMENT AND RIGHT OF WAY IN QUIT CLAIM DEED RECORDED IN BOOK 146,PAGE 376 AND BOOK
97 OF TLD,PAGE 151 OF THE STORY COUNTY,IOWA RECORDS TO BE VACATED AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS: THAT PORTION OF THE VACATED ALLEY LYING BETWEEN LOTS 7 AND 8,AND
THE WEST 8 FEET OF THAT PORTION OF THE VACATED ALLEY ABUTTING ON THE EAST SIDE OF THE NORTH
42 FEET OF LOT 10,ALL IN BLOCK 4,KINGSBURY ADDITION TO AMES,IOWA.
AND
THE EAST 8 FEET OF THAT PORTION OF THE VACATED ALLEY ABUTTING ON THE WEST SIDE OF THE NORTH
42 FEET OF LOT 9,BLOCK 4,KINGSBURY ADDITION TO AMES,IOWA.
ADOPTED THIS 9`' day of March, 2021.
Diane R. Voss, City Clerk John A. Haila, Mayor
Introduced by:
Seconded by:
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 9t' day of March, 2021.